Plumides, Romano, and Johnson, PC

Plumides, Romano, and Johnson, PC

  • FacebookFacebook
  • LinkedInLinkedIn
  • YoutubeYoutube
  • TwitterTwitter
  • Google My BusinessGoogle My Business
  • 704-333-9900
  • Home
  • Our Team
    • Gregory Plumides
    • Michael Romano
    • Richard B. Johnson
    • David M. Krusch
    • Clint Davis
    • Toni Primiano
    • Alan Krusch
    • Edward S. (“Ted”) Shapack
    • Our Staff
    • Our History
  • Practice Areas
    • Family
      Law
    • Criminal Defense
    • Personal Injury
    • Workers Compensation
  • Education Library
    • Family Law FAQ
      • Child Support Calculator
    • Criminal Defense FAQ
    • Personal Injury FAQ
    • Workers Compensation FAQ
    • Video Center
  • Testimonials
  • Blog
  • Contact

Can a DWI Affect My Child Custody Case?

August 30, 2021

dui-dwi-conviction-misdemeanors-felony-license-criminal-divorce-child-custody-lawyers-attorneysGetting charged with driving while impaired (“DWI/DUI”) in North Carolina is a serious enough matter on its own—you face potential temporary license revocation and suspension, and if convicted, an even longer suspension and probation or even jail time. As explained here, DWI sentencing requires the determination of aggravating and mitigating factors which will ultimately determine what sentencing “level” you are. This in turn will dictate what type of sentence you can receive. DWI charges and family law can intersect in a number of different ways. One extreme example is if you have a child under the age of 18 in the vehicle with you at the time of the alleged offense. Not only does having a minor in the car with you count as its own aggravating factor for the criminal side of things, thereby potentially exposing you to a more severe sentence—but doing so can also have disastrous effects on your child custody case.

Like many states, North Carolina uses the “best interests of the child” standard in determining how to award custody, be it temporary at the beginning of a separation or divorce, or more permanent. In analyzing this, the courts can look to factors such as the parents’ respective home lives and surrounding environments and any alcohol or drug abuse by a parent. It’s important to remember that because family law uses a much lower burden of proof than in criminal court, this means if you are just charged with a DWI, a family court judge can consider this as evidence against you in making a custody determination. Courts will generally consider driving arrests related to drug or alcohol use as indicative of reckless behavior and poor judgment.

The family law court will also weigh the full situation surrounding the DWI arrest or conviction—how long ago it was, how high your blood alcohol level was, if you have other indicators of drug or alcohol abuse and if there were minors in the vehicle at the time—whether those minors are the child(ren) involved in your custody case or not. It is incredibly important to have the immediate assistance of an experienced family law attorney as well as a skilled criminal law attorney to tackle these issues alongside each other and protect your rights.

Recent Posts

  • Child custody decisions can be affected by living arrangements
  • Can a DWI Affect My Child Custody Case?
  • Workplace and Divorce
  • I Lost My License – How Am I Supposed to Get to Work?
  • When Divorce Mediation Isn’t Appropriate

Categories

  • Blog (28)
  • Child Custody (20)
  • Criminal Defense (26)
  • Divorce (58)
  • Domestic Violence (6)
  • Drug Charges (14)
  • Drunk Driving Charges (18)
  • Family Law (8)
  • Felonies (6)
  • Firm News (1)
  • High Asset Divorce (17)
  • Marriage – Pre-nup (8)
  • Traffic violation (2)

Archives

  • August 2021 (14)
  • July 2021 (2)
  • June 2021 (2)
  • May 2021 (1)
  • April 2021 (11)
  • February 2019 (1)
  • December 2018 (1)
  • November 2018 (2)
  • October 2018 (2)
  • September 2018 (5)
  • August 2018 (5)
  • July 2018 (5)
  • June 2018 (9)
  • May 2018 (3)
  • April 2018 (6)
  • March 2018 (6)
  • February 2018 (5)
  • January 2018 (6)
  • December 2017 (5)
  • November 2017 (7)
  • October 2017 (4)
  • September 2017 (2)
  • August 2017 (5)
  • July 2017 (3)
  • June 2017 (4)
  • May 2017 (3)
  • April 2017 (3)
  • July 2015 (2)
  • June 2015 (2)
  • May 2015 (2)
  • April 2015 (2)
  • March 2015 (3)
  • February 2015 (2)
  • January 2015 (2)
  • December 2014 (3)
  • November 2014 (2)
  • October 2014 (2)
  • September 2014 (2)
  • August 2014 (2)
  • July 2014 (2)
  • June 2014 (2)
  • May 2014 (2)
  • April 2014 (2)
  • March 2014 (2)
  • February 2014 (2)
  • January 2014 (2)
  • December 2013 (1)

What our clients are saying

Mr. Romano is an amazing family law attorney.  He has been my attorney for over 5 years and I have never been disappointed.  His experience and expertise in Family law, in my opinion, supersedes all others in the field.  Mr. Romano and his team are very knowledgeable, thorough, professional, and personable. I highly recommend Mr. Romano and his team without reservations. If you're in need of a Family law attorney, Mr. Romano is your guy!
-Ivette C
You never know all the questions you should ask so it was a blessing that they listened and provided plenty of recommendations as well as assisted with claim, deeds etc. They know what to expect and provided a service without being pushy and will go at a pace you want and explain the laws so that you can understand all the legal speak.
-Paul S

CONTACT US

You deserve to have a skilled legal advocate on your side who will protect your best interests. We will do just that.

To schedule a consultation, please call our office in Charlotte at 704-333-9900, or contact us online. Plumides, Romano & Johnson

2115 Rexford Road, Suite 320 Charlotte NC 28211
704-333-9900
704-358-0536

 

charlotte-family-divorce-separation-alimony-childsupport-dui-dwi-defence-trial-attorneys

Plumides, Romano & Johnson, PC

Explore

  • Home
  • Our Team
  • Practice Areas
  • Contact Us

Resource

  • Education Library
  • Testimonials
  • Blog
  • Sitemap

Follow

  • Facebook
  • LinkedIn
  • Youtube
  • Twitter
  • Google My Business

Legal

  • Disclaimer
  • Privacy
704-333-9900
CONTACT US
2115 Rexford Road, Suite 320 Charlotte NC 28211

Child Support Calculator
x